TITLE VI TABLE OF CONTENTS

Transcription

1 TITLE VI TABLE OF CONTENTS Section 6.15:Sunday Sales of Intoxicating Liquor of All Kinds by the Drink, Restaurant Bars, Amusement Places & Places of Entertainment. TITLE VI. BUSINESS AND OCCUPATION CHAPTER 601: ALCOHOLIC BEVERAGES Section 6.1:...Definitions 6.1 Section 6.2:... License Required and Definitions 6.2 Section 6.3:... General License Regulations 6.3 Section 6.4:... General Retail Sales of Malt Liquor Only in the Original Package 6.6 Section 6.5:. General Retail Sales of Non-Intoxicating Beer Only in the Original Package 6.6 Section 6.6:General Retail Sales of Intoxicating Liquor of All Kinds in the Original Package 6.7 Section 6.7:... Sunday Sales of Intoxicating Liquor of All Kinds in the Original Package 6.8 Section 6.8:... Certain Holidays, Sale by the Drink on Sunday Allowed 6.8 Section 6.9:... General Retail Sales of Malt Liquor/Light Wine Only by the Drink 6.8 Section 6.10:... General Retail Sales of Non-Intoxicating Beer Only by the Drink 6.9 Section 6.11:... General Retail Sales of Intoxicating Liquor of All Kinds by the Drink 6.9 Section 6.12:Restaurant Bar/Transient Guest Accomodations, Sales of Intox. Liquor of All Kinds by the Drink Section 6.13:... Amusement Places Sales of Intoxicating Liquor by the Drink Section 6.14:... Place of Entertainment Sales of Intoxicating Liquor by the Drink Section 6.16:... Caterer's Sales of Intoxicating Liquor of All Kinds by the Drink Section 6.17:... Temporary Permit for Sale by the Drink - Certain Organizations Section 6.18:... Employee Permits Section 6.19:... Application for License and Renewal Section 6.20:... Hearings Section 6.21:... License Administration Section 6.22:... Various Offenses Section 6.23:... Reserved CHAPTER 602: ADULT BUSINESS REGULATIONS Section 6.24:... Background And Findings 6.26 Section 6.25:...Definitions 6.31 Section 6.26:...License Required For Adult Business 6.38 Section 6.27:... License Required For Managers, Servers And Entertainers 6.39 Section 6.28:... License, Classification And Fees 6.39 Section 6.29:... License Applications 6.39 Section 6.30:... Examination Of Application, Issuance Of License, Disapproval 6.42 Section 6.31:... License Ineligibility And Disqualification 6.43 Section 6.32:... Standards Of Conduct 6.45 Section 6.33:... License Posting Or Display 6.49 Section 6.34:... Manager On Premises 6.50 Section 6.35:... Inspectors And Inspections 6.50 Section 6.36:... Suspension, Revocation Or Non-Renewal License 6.50 Section 6.37:... Notice And Hearing Procedure 6.51 Section 6.38:...Renewal 6.52 Section 6.39:... Judicial Review Stay Of Enforcement Or Orders 6.52 Section 6.40:...Penalty 6.52 Page

2 Page Section 6.41:... Regulations 6.52 Section 6.42:... Reserved Section 6.43:... Reserved Section 6.44:... Reserved Section 6.45:... Reserved Section 6.46:... Reserved Chapter 603: Business License Regulations 6.53 Section 6.47:...Definitions Section 6.48:...License Officer - Appointment, Power And Duties Section 6.49:... Occupation License Required 6.55 Section 6.50:... Separate License Required For Each Place Of Business Section 6.51:... More Than One Occupation At The Same Address 6.55 Section 6.52:... Missouri Retail Sales License Required Prior To Issuance Of License 6.55 Section 6.53:... Procedure For Application, Issuance And Renewal Of License Section 6.54:... General Duties Of The Police Section 6.55:... License Year, When Fees Are Paid, Expiration Section 6.56:... Pro-Rating License Fees Section 6.57:... License Fees - Delinquent And Unpaid, Liability Of Violator Section 6.58:... Cause For Suspension, Denial Or Revocation Of License Section 6.59:... Appeal - Procedure Section 6.60:... Duplicate License, Change In Location Section 6.61:... License Fee Section 6.62:... Duties Of The Licensee Section 6.63:... Exempted Occupations Section 6.64:... Enforcement Of This Chapter - Penalty Section 6.65:... Reserved Section 6.66:... Reserved Section 6.67:... Reserved Section 6.68:... Reserved Section 6.69:... Reserved Section 6.70:... Reserved Chapter 604: Fireworks 6.63 Section 6.71:... Fireworks 6.63 Chapter 605 Regulation of Peddlers & Solicitors Section Purpose 6.68 Section Definitions 6.68 Section Proof of Solicitation 6.69 Section Prohibited Actions 6.69 Section Time Restrictions 6.70 Section Required 6.70 Section Application 6.70 Section Special Requirements for Peddler's Card 6.70 Section Investigations of Applicants 6.71 Section Card in addition to Business License 6.71 Section Issuance; Grounds for denial 6.71 Section Notification of Applicant of Reasons for Denial 6.72

3 Page Section Hearing after Denial 6.72 Section Fee 6.72 Section Validity 6.72 Section Transfer 6.72 Section Display 6.72 Section Revocation 6.72

4 TITLE VI. BUSINESS AND OCCUPATION CHAPTER 601: ALCOHOLIC BEVERAGES SECTION 6.1: DEFINITIONS When used in this Chapter, the following words shall have the following meanings: AMUSEMENT PLACE: Any establishment whose business building contains a square footage of at least six thousand (6,000) square feet, and where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played or has a dance floor of at least twenty-five hundred (2,500) square feet or any outdoor golf course with a minimum of nine (9) holes, and which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts is in non-alcoholic sales CLOSED PLACE: A place where all doors are locked and where no patrons are in the place or about the premises. EMPLOYEE means and includes an agent or servant, and shall be construed to mean every person working for or performing services on behalf of the licensee during actual or scheduled work hours. INTOXICATING LIQUOR: Alcohol for beverage purposes, including alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes containing in excess of one-half of one percent (0.5%) by volume, except for non-intoxicating beer as defined herein. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Chapter. LIGHT WINES: An intoxicating liquor consisting of wine containing not in excess of fourteen percent (14%) of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables. MALT LIQUOR: An intoxicating liquor containing alcohol in excess of three and twotenths percent (3.2%) by weight and not in excess of five percent (5%) by weight manufactured from pure hops or pure extract of hops, or pure barley malt, or wholesome grains or cereals, and wholesome yeast, and pure water. NON-INTOXICATING BEER: Any beer manufactured from pure hops or pure extract of hops, and pure barley malt, or other wholesome grains or cereals, and wholesome yeast, and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent (0.5%) by volume and not exceeding three and two-tenths percent (3.2%) by weight. ORIGINAL PACKAGE: Any package sealed or otherwise closed by the manufacturer so as to consist of a self-contained unit, and consisting of one (1) or more bottles or other 6.1

5 containers of intoxicating liquor or non-intoxicating beer, where the package and/or container(s) describes the contents thereof as intoxicating liquor or non-intoxicating beer. "Original package" shall also be construed and held to refer to any package containing three (3) or more standard bottles of beer. PERMITEE means the holder of an employee's permit, issued under the provisions of this chapter. PERSON: An individual, association, firm, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or any other officer appointed by any State or Federal court. RESORT: Any establishment having at least thirty (30) rooms for the overnight accommodation of transient guests having a restaurant or similar facility on the premises at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment's annual gross receipts immediately preceding its application for a license shall not have been less than seventy-five thousand dollars ($75,000.00) per year with at least fifty thousand dollars ($50,000.00) of such gross receipts from non-alcoholic sales, or means a seasonal resort restaurant with food sales as determined in Subsection (2) of Section , RSMo. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross food receipts requirements of this definition, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort. RESTAURANT BAR: Any establishment having a restaurant or similar facility on the premises at least fifty percent (50%) of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises. SALE BY THE DRINK: The sale of any intoxicating liquor except malt liquor, in the original package, in any quantity less than fifty (50) milliliters shall be deemed a "sale by the drink" and may be made only by a holder of a retail liquor dealer's license and, when so made, the container in every case shall be emptied and the contents thereof served as other intoxicating liquors sold by the drink are served. STANDARD BOTTLE: Any bottle, can or similar container containing sixteen (16) ounces or less of malt liquor or non-intoxicating beer. SECTION 6.2: LICENSE REQUIRED AND QUALIFICATIONS A. No person shall sell, or offer for sale, intoxicating liquor or non-intoxicating beer in the City of Lone Jack without a currently valid liquor license issued by the City. A separate liquor 6.2

6 license shall be required for each of the categories and subcategories of liquor sales in which the licensee desires to engage in as set forth in this Chapter. B. Individuals. No person may be granted a license under this Chapter unless that person will be actively engaged in the control and management of the particular alcoholic beverage establishment for which a license is sought. The applicant must be at least twenty-one (21) years of age, of good moral character, and have not been convicted of a felony or of any distribution, sale or possession of any controlled substances or dangerous drugs, and be a qualified legal voter and taxpaying citizen of the state of Missouri. Any person who has had a license previously revoked, or who has been convicted, since the ratification of the Twenty-first Amendment to the United States Constitution, of a violation of the provisions of any law applicable to the manufacture or sale of alcoholic beverages or who employs in his or her business any person whose license has been revoked, or who has been convicted of violating the provisions of any such law since the ratification of the Twenty-first Amendment to the United States Constitution C. Partnerships and Limited Liability Companies. No license permitted by this Chapter may be issued to any partnership unless all members of the partnership are persons who would be eligible for a license as individuals under the provisions of this Chapter, and no license may be issued to any partnership that has been the holder of a license that has been revoked. No license permitted by this Chapter may be issued to any limited liability company unless all members, managers and agents of the limited liability company are persons who would be eligible for a license as an individual under the provisions of this Chapter, and no license may be issued to any limited liability company that has been the holder of a license that has been revoked. D. Corporations. No license permitted by this Chapter shall be issued to a corporation unless the following conditions have been satisfied: 1. All officers and directors of the corporation must be persons of good moral character. 2. The managing officer of the corporation must be a person who is eligible for a license as an individual under the provisions of this article. 3. The corporation has never been the holder of a liquor license that has been revoked. E. Right of Possession or Occupancy of Premises. Applicants for licenses under this Chapter must be in possession of the premises for which the license is sought, or have the legal right to occupy the premises, before any license may be issued. SECTION 6.3: GENERAL LICENSE REGULATIONS. A. Operating Hours. No licensee or any employee of such licensee shall sell, give away or otherwise dispose of, or allow the same to be done, on or about the premises, any intoxicating liquor in any quantity, between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours 6.3

7 of 1:30 A.M. on Sunday and 6:00 A.M. on Monday, except as otherwise authorized and licensed for Sunday sales pursuant to this Chapter. Any person licensed to sell intoxicating liquor by the drink shall keep a closed place during the aforementioned prohibited times. B. Posting License. Each license issued in accordance with this Chapter shall be conspicuously posted on the premises for which the license has been issued. C. Posting Warning Sign. Any person who is licensed to sell or serve alcoholic beverages at any establishment under this Chapter shall place on the premises of the establishment a warning sign as described in this subsection C. The warning sign must be at least eleven inches (11") by fourteen inches (14") and shall read: "WARNING: Drinking alcoholic beverages during pregnancy may cause birth defects." The licensee must display the warning sign in a conspicuous place on the licensed premises. Notwithstanding other provisions of this Chapter to the contrary, a person found in violation of this subsection C shall be issued a warning; no person who violates the provisions of this subsection shall be guilty of a crime. D. Separate Licenses Required. A separate license shall be required for each place of business. Every license issued under the provision of this Chapter shall particularly describe the premises at which intoxicating liquor may be sold as authorized by the license, and that license does not authorize or permit the sale of intoxicating liquor at any place other than that described on the license. E. Transferability. No license issued under this Chapter shall be transferable or assignable except as provided in this Subsection E. 1. In the event of the death of the licensee, the widow or widower or the next of kin of the deceased licensee, may make an application to the City Clerk for a transfer of the license to permit the operation of the deceased's business for the remainder of the period for which the license fee has been paid by the deceased. The applicant for a transfer pursuant to this subsection must meet the other requirements of this Chapter before a transfer may be approved. 2. Whenever one (1) or more members of a partnership withdraws from the partnership, the City Clerk, upon written request, shall permit the remaining partner or partners, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid without obtaining a new license. 3. Whenever one (1) or more members, managers or agents of a limited liability company withdraws from the company, the City Clerk, upon written request, shall permit the remaining members, managers, or agents, originally licensed, to continue to operate for the remainder of the period for which the license fee has been paid without obtaining a new license. F. Proximity to School or Church. 6.4

8 1. No license shall be issued under this Chapter for the sale of intoxicating liquor within one hundred feet (100') of any school, church or other building regularly used as a place of religious worship, unless the application is approved by a majority vote of the Board of Aldermen after ten (10) days' written notice to all owners of property within one hundred (100) feet of the proposed licensed premises. When a school, church or place of worship shall hereafter be established within one hundred (100) feet of any place of business licensed to sell intoxicating liquor, a renewal license shall not be denied solely for this reason. 2. This provision of subsection 1 shall not apply: to a license issued by the supervisor of alcohol and tobacco control pursuant to Section RSMo. 3. The Board shall consider the location of the proposed business for which a license is sought with respect to its proximity to a school, a church, a public park or playground and to other places of the character for which a license is sought and shall have authority to refuse to issue a license when in their judgment the issuance thereof would not be in the best interests of the locality in which the applicant applies for a location of such place. In no event shall the Board approve the issuance of a license for the sale or consumption of liquor within three hundred (300) feet of any school, church or other building regularly used as a place of worship unless the applicant for the license shall first obtain the consent in writing of the board of directors of the school, or the consent in writing of the majority of the managing board of the church or place of worship; except that when a school, church or place of worship shall thereafter be established within three hundred (300) feet of any place of business licensed to sell intoxicating liquor, renewal of the license shall not be denied for lack of consent in writing as herein provided. 4. The proper measurement to determine the proximity of a school, church or building regularly used as a place of worship and the place where intoxicating liquor may be sold is from the nearest point of the school or church building to the nearest point of the building where intoxicating liquor may be sold as described on the license application or an existing license issued by the State of Missouri. G. Change of Licensee's Location. In the event any licensee desires to change the location of the licensee's place of business within the City, the licensee shall file an application in the same manner as provided for an original application in this Chapter, except that no additional license fee shall be charged for the remainder of the period for which the license fee has been paid, and the amended license, describing the new place location, shall be issued immediately upon the approval of the application by the Board of Aldermen. Any change of location of the enterprise prior to the issuance of an amended license as described in this subsection shall constitute a violation of this Chapter. 6.5

9 H. Proration of Original License Fee. Notwithstanding other Sections of this Chapter to the contrary, an applicant for an original license shall pay a prorated annual license fee, based upon the number of full and partial months remaining in the current license year. SECTION 6.4: GENERAL RETAIL SALES OF MALT LIQUOR ONLY IN THE ORIGINAL PACKAGE. A. Scope: A license for the privilege of selling malt liquor only, at retail, in the original package not for consumption on the premises where sold. Under a license issued pursuant to this Section, no malt liquor shall be consumed on the premises where sold, nor shall any original package be opened on the premises of the vendor, except as otherwise provided in this Chapter or law. B. Qualifications. In addition to all other requirements of this Chapter, no license shall be issued under the terms of this Section, except to a person engaged in and to be used in connection with the operation of one (1) or more of the following businesses: 1. A drugstore; 2. A cigar and tobacco store; 3. A confectionery or delicatessen store; 4. A grocery store; 5. A general merchandise store; nor To any person who does not have and keep in such person's store a stock of goods having a value, according to invoices, of at least One Thousand Dollars ($1,000.00), exclusive of fixtures and intoxicating liquors. C. Fee. A license under the terms of this Section shall be issued to all qualified applicants, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule. D. Restriction of Number of Licenses Available. There shall be no limit on the number of licenses available under the terms of this Section. SECTION 6.5: GENERAL RETAIL SALES OF NON-INTOXICATING BEER ONLY IN THE ORIGINAL PACKAGE. A. Scope: A license for the privilege of selling non-intoxicating beer only, at retail, in the original package not for consumption on the premises where sold. Under a license issued pursuant to this Section, no non-intoxicating beer shall be consumed on the premises where sold, nor shall any original package be opened on the premises of the vendor, except as otherwise provided in this Chapter or law. 6.6

10 B. Fee. A license under the terms of this Section shall be issued to all qualified applicants, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule. C. Qualifications. In addition to all other requirements in this Chapter, no person shall be granted or permitted to hold a license under this Section if that person holds a license to sell intoxicating liquor. D. Restriction of Number of Licenses Available. There shall be no limit on the number of licenses available under the terms of this Section. SECTION 6.6: GENERAL RETAIL SALES OF INTOXICATING LIQUOR OF ALL KINDS IN THE ORIGINAL PACKAGE. A. Scope: A license for the privilege of selling intoxicating liquor of all kinds, at retail, in the original package not for consumption on the premises where sold. B. Qualifications. In addition to all other requirements of this Chapter, no license shall be issued under the terms of this Section, except to a person engaged in and to be used in connection with the operation of one (1) or more of the following businesses: 1. A drugstore; 2. A cigar and tobacco store; 3. A confectionery or delicatessen store; 4. A grocery store; 5. A general merchandise store; nor To any person who does not have and keep in such person's store a stock of goods having a value, according to invoices, of at least One Thousand Dollars ($1,000.00), exclusive of fixtures and intoxicating liquors. C. Fee. Subject to subsection D of this Section, a license under the terms of this Section shall be issued to all qualified applicants, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule. D. Restriction of Number of Licenses Available. There shall be no limit on the number of licenses available under this Section 6.7

11 SECTION 6.7: SUNDAY SALES OF INTOXICATING LIQUOR OF ALL KINDS IN THE ORIGINAL PACKAGE. A. Scope: A license for the privilege of selling, on Sundays, intoxicating liquor of all kinds, at retail, in the original package not for consumption on the premises where sold. B. Hours When Selling Permitted. A person licensed to sell intoxicating liquors of all kinds, in the original package, on Sunday, may only sell these intoxicating liquors between the hours of 9:00 A.M. and Midnight. C. Fee. A license under the terms of this Section shall be issued to all qualified applicants, who have fully complied with the provisions of this Chapter, including possession of a valid license issued pursuant to Sections 6.4, 6.5 or 6.6, upon payment of an annual license fee as set forth in the City s Fee Schedule. SECTION 6.8: CERTAIN HOLIDAYS, SALE BY THE DRINK ON SUNDAY ALLOWED When January first, March seventeenth, July fourth, or December thirty-first falls on Sunday, and on the Sundays prior to Memorial Day, and Labor Day and the Sunday on which the national championship game of the national football league is played, commonly known as "Super Bowl Sunday," any person having a license to sell intoxicating liquors by the drink may be open for business and sell intoxicating liquor by the drink under the provisions of his or her license on that day from the time until the time which it would be lawful on another day of the week, notwithstanding any provisions of this Chapter to the contrary. SECTION 6.9: GENERAL RETAIL SALES OF MALT LIQUOR/LIGHT WINE ONLY BY THE DRINK A. Scope: A license for the privilege of selling malt liquor/light wine only, at retail, by the drink for consumption on the premises where sold. No malt liquor/light wine shall be removed from the premises where sold under a license issued pursuant to this Section. B. Fee. A license under the terms of this Section shall be issued to all qualified applicants, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule. C. Restriction of Number of Licenses Available. There shall be a limit on the number of licenses available under this Section of one (1) license for each [INSERT POPULATION NUMBER] inhabitants, or fraction thereof, residing within the City as shown by the last decennial census of the United States. 6.8

12 SECTION 6.10: GENERAL RETAIL SALES OF NON-INTOXICATING BEER ONLY BY THE DRINK A. Scope: A license for the privilege of selling non-intoxicating beer only, at retail, by the drink for consumption on the premises where sold. No non-intoxicating beer shall be removed from the premises where sold under a license issued pursuant to this Section. B. Fee. A license under the terms of this Section shall be issued to all qualified applicants, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule. C. Qualifications. In addition to all other requirements in this Chapter, no person shall be granted or permitted to hold a license under this Section if that person holds a license to sell intoxicating liquor. D. Restriction of Number of Licenses Available. There shall be a limit on the number of licenses available under this Section of one (1) license for each one thousand (1,000) inhabitants, or fraction thereof, residing within the City as shown by the last decennial census of the United States. SECTION 6.11: GENERAL RETAIL SALES OF INTOXICATING LIQUOR OF ALL KINDS BY THE DRINK A. Scope: A license for the privilege of selling intoxicating liquor of all kinds, at retail, by the drink for consumption on the premises where sold. No intoxicating liquor shall be removed from the premises where sold under a license issued pursuant to this Section. B. Fee. A license under the terms of this Section shall be issued to all qualified applicants, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule. C. Restriction of Number of Licenses Available. There shall be a limit on the number of licenses available under this Section of one (1) license for each one thousand (1,000) inhabitants, or fraction thereof, residing within the City as shown by the last decennial census of the United States. 6.9

13 SECTION 6.12: RESTAURANT BAR OR TRANSIENT GUEST ACCOMMODATIONS, SALES OF INTOXICATING LIQUOR OF ALL KINDS BY THE DRINK. A. Scope: A license for the privilege of selling intoxicating liquor of all kinds, at retail, by the drink, for consumption on the premises of the restaurant bar or transient guest accommodations where sold. No intoxicating liquor shall be removed from the premises where sold under a license issued pursuant to this Section. B. Qualifications. C. Fees. 1. Transient Guest Accommodations. The applicant for a license for transient guest accommodations under this Section must be operating an establishment having at least forty rooms for the overnight accommodations of transient guests. 2. Existing Restaurant Bars. The applicant for a license for an existing restaurant bar must be operating an establishment having a restaurant or similar facility on the premises, at least fifty percent (50%) of the gross income of which is derived from the sales of prepared meals or food consumed on the premises, or which has an annual gross income of at least Two Hundred Thousand Dollars ($200,000.00) from the sale of prepared meals or food consumed on the premises. 3. Newly-Opened Restaurant Bars. Any restaurant bar having been in operation less than ninety (90) days may be issued a temporary license to sell intoxicating liquor of all kinds, at retail, by the drink, for consumption on the premises of the restaurant bar where sold, for a period not to exceed ninety (90) days, provided that: a.) the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty percent (50%) of the total gross income of the restaurant bar for the year; or b.) can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than Two Hundred Thousand Dollars ($200,000.00). 1. A permanent license under the terms of this Section shall be issued to all qualified applicants for a permanent license, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule, except where the permanent license is being issued with regard to a transition from a temporary to a permanent license under 6.10

14 subsection E of this Section, in which case a permanent license shall be issued to a qualified applicant for a permanent license, who has complied fully with the provisions of this Chapter, upon payment of a prorated license fee as set forth in the City s Fee Schedule. 2. A temporary license under the terms of this Section shall be issued to all qualified applicants for a temporary license, who have fully complied with the provisions of this Chapter, upon payment of a temporary license fee as set forth in the City s Fee Schedule. D. Transition from Temporary to Permanent License. Thirty (30) days prior to the date of expiration of the temporary license described in subsection B.3 of this Section, the temporary licensee may submit an application for a permanent license as provided in this Chapter. E. Restriction of Number of Licenses Available. There shall be no limit on the number of licenses available under this Section. SECTION 6.13: AMUSEMENT PLACES SALES OF INTOXICATING LIQUOR BY THE DRINK A. Scope: A license for the privilege of selling intoxicating liquor of all kinds, at retail, by the drink, for consumption on the premises of the amusement place where sold. No intoxicating liquor shall be removed from the premises where sold under a license issued pursuant to this Section. B. Qualifications. 1. Existing Amusement Places. The applicant must be operating an amusement place as defined in Section 6.1, which has annual gross receipts of at least One Hundred Thousand Dollars ($100,000.00), of which at least Fifty Thousand Dollars ($50,000.00) are in sales of non-alcohol items. 2. Newly-Opened Amusement Places. Any amusement place having been in operation less than ninety (90) days may be issued a temporary license to sell intoxicating liquor of all kinds, at retail, by the drink, for consumption on the premises of the restaurant bar where sold, for a period not to exceed ninety (90) days, provided that the amusement place can show a projection of gross receipts of at least One Hundred Thousand Dollars ($100,000.00), of which at least Fifty Thousand Dollars ($50,000.00) are in sales of non-alcohol items for the first year of operation. 3. Proof of Gross Receipts. The Board of Aldermen may demand proof of such gross receipts in whatever manner deemed appropriate to determine whether an applicant meets the qualifications for a license under this Section. 6.11

15 C. Fees. 1. A permanent license under the terms of this Section shall be issued to all qualified applicants for a permanent license, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule, except where the permanent license is being issued with regard to a transition from a temporary to a permanent license under subsection E of this Section, in which case a permanent license shall be issued to a qualified applicant for a permanent license, who has complied fully with the provisions of this Chapter, upon payment of a prorated license fee as set forth in the City s Fee Schedule. 2. A temporary license under the terms of this Section shall be issued to all qualified applicants for a temporary license, who have fully complied with the provisions of this Chapter, upon payment of a temporary license fee as set forth in the City s Fee Schedule. D. Restriction of Number of Licenses Available. There shall be no limit on the number of licenses available under this Section. SECTION 6.14: PLACE OF ENTERTAINMENT SALES OF INTOXICATING LIQUOR BY THE DRINK A. Scope: A license for the privilege of selling intoxicating liquor of all kinds, at retail, by the drink, for consumption on the premises of the place of entertainment where sold. No intoxicating liquor shall be removed from the premises where sold under a license issued pursuant to this Section. B. Qualifications. In addition to all other requirements of this Chapter, no license shall be issued under the terms of this Section, except to a person who is licensed under the provisions of this Chapter, or who otherwise possesses the qualifications and meets the requirements of this Chapter. C. Fee. A license under the terms of this Section shall be issued to all qualified applicants, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule. D Restriction of Number of Licenses Available. There shall be no limit on the number of licenses available under this Section. 6.12

16 SECTION 6.15: SUNDAY SALES OF INTOXICATING LIQUOR OF ALL KINDS BY THE DRINK, RESTAURANT BARS, AMUSEMENT PLACES AND PLACES OF ENTERTAINMENT. A. Scope: A license for the privilege of selling intoxicating liquor of all kinds, at retail, by the drink, on Sunday, for consumption on the premises of the restaurant bar, transient guest accommodations, amusement places or places of entertainment where sold. No intoxicating liquor shall be removed from the premises where sold under a license issued pursuant to this Section. B. Hours When Selling Permitted. A person licensed to sell intoxicating liquors of all kinds, by the drink, for consumption on the premises of the restaurant bar or transient guest accommodations where sold, on Sunday, may only sell these intoxicating liquors between the hours of 9:00 A.M. and Midnight. C. Qualifications. As a prerequisite of the issuance of any license described in this Section, the applicant must be the holder of a current and valid license issued under Section 6.12, 6.13 or D. Fees. 1. A permanent license under the terms of this Section shall be issued to all qualified applicants for a permanent license, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule except where the permanent license is being issued with regard to a transition from a temporary to a permanent license under the provisions of Subsection E of this Section, in which case a permanent license shall be issued to a qualified applicant for a permanent license, who has complied fully with the provisions of this Chapter, upon payment of a prorated license fee as set forth in the City s Fee Schedule. 2. A temporary license under the terms of this Section shall be issued to all qualified applicants for a temporary license, who have fully complied with the provisions of this Chapter, upon payment of a temporary license fee as set forth in the City s Fee Schedule. E. Transition from Temporary to Permanent License. Thirty (30) days prior to the date of expiration of the temporary license described in subsection D.2 of this Section, the temporary licensee may submit an application for a permanent license as provided in this Chapter. F. Restriction of Number of Licenses Available. There shall be no limit on the number of licenses available under this Section. 6.13

17 SECTION 6.16: CATERER S SALES OF INTOXICATING LIQUOR OF ALL KINDS BY THE DRINK A. Scope: A license for the privilege of selling, and/or serving intoxicating liquor of all kinds, at retail, by the drink, for consumption on the premises at a particular function, occasion or event at a particular location other than the licensed premises. No intoxicating liquor sold under a license issued pursuant to this Section shall be removed from the premises where sold. A license issued pursuant to this Section shall be either a Type A license or a Type B license. A Type A license shall be effective for a maximum of fifty days during any year. A Type B license shall be effective for an unlimited number of functions during any year. For the purposes of this Section, a year shall be measured from July 1 to June 30 of the succeeding year. B. Qualifications: In addition to all other requirements of this Chapter, applicant for a license issued under this Section must be in possession of a current and valid license to sell intoxicating liquor at retail, by the drink, for consumption on the premises pursuant to the provisions of this Chapter. C. Fee: A license under the terms of this Section shall be issued to all qualified applicants, who have fully complied with the provisions of this Chapter, upon payment of an annual license fee as set forth in the City s Fee Schedule for a Type A license and for a Type B license as set forth in the City s Fee Schedule. D. Restriction of Number of Licenses Available: There shall be no limit on the number of licenses available under the terms of this Section. E. Hours of Operation: A person issued a license under this Section is authorized to serve intoxicating liquors of all kinds at a function, occasion or event during the hours at which intoxicating liquors of all kinds may lawfully be sold and/or served upon premises licensed to sell intoxicating liquors of all kinds for on-premises consumption. F. Reporting Requirement: A person issued a license under this Section shall report to the City Clerk the location of each function, occasion or event three business days in advance. The report shall be in writing on a form provided by the City, and shall include, at a minimum, permission from the owner of the property where the function, occasion or event will he held, a description of the premises, and the date or dates the function will be held. G. Delivery: Notwithstanding any other provision of this Chapter to the contrary, and according to Section RSMo, any person who possesses a valid license under this Section may deliver alcoholic beverage in the course of his or her catering business. SECTION 6.17: TEMPORARY PERMIT FOR SALE BY THE DRINK- CERTAIN ORGANIZATIONS A. Scope. Notwithstanding any other provision of this Chapter and pursuant to Section , RSMo, the City Clerk may issue a permit for the sale of intoxicating liquor and non-intoxicating beer for consumption on the premises where sold to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale at a picnic, bazaar, fair or similar 6.14

18 gathering. A permit issued under this Section shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor or non-intoxicating beer for more than seven (7) days by any club or organization. B. Hours When Selling Permitted. A club or organization possessing a valid temporary permit issued pursuant to this Section may sell intoxicating liquor or non-intoxicating beer during the times set forth in Section 6.3.A. If the event will be held on a Sunday, the permit shall authorize the sale of intoxicating liquor and non-intoxicating beer on that day beginning at 11:00 A.M. C. Notice Required. At the time an applicant applies for a temporary permit under this Section, the applicant shall notify the Missouri Director of Revenue of the holding of the event as provided in Section , RSMo. D. Fee. A temporary permit issued under the terms of this Section shall be issued to all qualified applicants, upon payment of a permit fee as set forth in the City s Fee Schedule. E. No provision of law or rule or regulation of the City shall be interpreted as preventing any wholesaler or distributor from providing customary storage, cooling or dispensing equipment for use by the permit holder at the event described in the permit. SECTION 6.18: EMPLOYEE PERMITS A. Eligibility. No person shall be issued an employee permit unless the person is at least 21 years of age, except as otherwise may be provided by this Chapter. No person shall be issued an employee permit if the person has been convicted of a felony, is otherwise disqualified by state statutes or by the Code of State Regulations for employment on the licensed premises of an alcoholic beverage establishment, or has been issued an alcoholic beverage license or permit from this or any other city or state that is currently suspended, or that has been revoked within 5 years immediately preceding the application. B. Application. Each application for an employee permit shall be filed on a form supplied by the City Clerk and shall be signed by the applicant. The application shall include: 1. The applicant's complete name, home address, home telephone number, date of birth, and motor vehicle operator's license or other identification number. 2. The applicant's height, weight, color of eyes, color of hair, and sex. 3. A statement by the applicant that he or she has not been convicted of any felony. 4. A statement by the applicant of whether or not he or she has held an alcoholic beverage license or employee permit, and, if so, when and by what state or city the license or permit was issued, and whether or not any such license or permit has ever been suspended, revoked or disqualified, and, if suspended, revoked or disqualified, when and for what reason. 6.15

19 5. An authorization signed by the applicant allowing law enforcement and probation and parole agencies to release criminal record information concerning the applicant. 6. An "intent to hire" form, completed and signed by the licensee by whom the applicant will be employed. 7. The applicant's criminal history record verified by the Lone Jack Police Department, to be obtained by the applicant. 8. A photograph of the applicant, to be taken by the police department. 9. A non-refundable application fee as set forth in the City s Fee Schedule to be paid to the city treasurer to defray the cost of investigation and the application process. C. Issuance. If the applicant meets the requirements of this section and this chapter, the City Clerk shall issue an employee permit to the applicant which shall be valid for 3 years from the date of issuance. Upon expiration of the permit, the applicant may obtain a new permit in the same manner as provided in this section. D. Form of permit. Each employee permit shall bear the physical description and photograph of the applicant and shall be laminated or be in a form, otherwise approved by the City Clerk, to prevent alteration. E. Invalidation, suspension or revocation. If any person who has been issued and holds an employee permit shall be convicted of any felony, the permit shall be void. If any permittee shall violate or contribute to the violation of any of the provisions of this Chapter, the City Clerk may file request for a hearing before the board in the manner provided in Section 6.22 to consider whether the permit should be suspended or revoked. F. Employment of felons. A retail licensee may employ a person convicted of a felony unrelated to the manufacture or sale of intoxicating liquor, so long as the felon does not directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages. Any retail licensee who employs a felon shall report the identity of that person to the City within 10 days of the person's employment, and shall notify the City Clerk within ten days of the person's leaving the licensee's employment, using forms provided by the City Clerk for that purpose. G. Possession and exhibition. While directly participating in the retail sale, service, delivery or dispensation of alcoholic beverages, any person holding an employee permit under the provisions of this section shall be required to have the permit in his or her possession, and the permit shall be exhibited to the City Clerk or to any officer of the city police department upon demand. Failure of any person to exhibit an employee permit as required by this subsection shall be prima facie evidence that the person does not hold a permit. H. Temporary employee permit for special event. 1. Temporary employee permit. A temporary employee permit may be issued by the City Clerk to a person qualified under this section to directly participate in the 6.16

20 retail sale, service, delivery or dispensation of alcoholic beverages at a special event. The term "directly participate in the retail sale, service, delivery or dispensation of alcoholic beverages," as used in this section, shall include accepting delivery of, stocking, arranging displays of, delivering, taking orders for, accepting payment for, mixing, serving or assisting in mixing or serving alcoholic beverages. A temporary employee permit may be issued by the City Clerk to a person qualified under this section to act in the capacity of, but not limited to, bar manager, bartender, waiter, waitress, cashier, sales clerk, stock person or doorman, or other person responsible for checking identification cards to determine age. The issuance of a temporary employee permit is subject to the following conditions: (a) A temporary employee permit shall be valid for 1 calendar day. (b) A temporary employee permit may be issued to a qualified person only 7 times in a single calendar year. (c) A temporary employee permit may only be issued to a person for services performed for a non-profit purpose or event which may include performing services for a nonprofit fraternal or church social function, or performing services as a volunteer for a licensee which provides charitable donations to a non-profit fraternal or church organization. 2. Eligibility. No person shall be issued a temporary employee permit unless the person is at least 21 years of age, except as otherwise provided may be provided by this Chapter. No person shall be issued a temporary employee permit if the person has been convicted of a felony, is otherwise disqualified by state statutes or by the Code of State Regulations for employment on the licensed premises of an alcoholic beverage establishment, or has been issued an alcoholic beverage license or permit from this or any other city or state that is currently suspended, or that has been revoked within 5 years immediately preceding the application. 3. Application. All applications for a temporary employee permit shall be filed with the City Clerk on a form supplied by the City Clerk not later than 5 business days before the special event, and shall be signed by the applicant. The application shall include: (a) (b) (c) (d) The applicant's complete name, home address, home telephone number, date of birth, and motor vehicle operator's license or other identification number. The applicant's height, weight, color of eyes, color of hair, and sex. A statement by the applicant that he or she has not been convicted of any felony. A statement by the applicant of whether or not he or she has held an alcoholic beverage license or employee permit, and, if so, when and by 6.17

21 what state or city the license or permit was issued, and whether or not any such license or permit has ever been suspended, revoked or disqualified, and, if suspended, revoked or disqualified, when and for what reason. (e) (f) (g) An authorization signed by the applicant allowing law enforcement and probation and parole agencies to release criminal record information concerning the applicant. An "intent to hire" form, completed and signed by the non-profit fraternal or church organization by whom the applicant will be employed. A non-refundable application fee of $10.00 to be paid to the city treasurer to defray the cost of investigation and the application process. 4. Issuance. If the applicant meets the requirements of this section and this chapter, the City Clerk shall issue the applicant a temporary employee permit valid for 1 calendar day. 5. Form of permit. Each temporary employee permit shall bear the name, address and date of birth of the permittee, the name and address of the licensee for whom the temporary employee is working, the location of the premises for the event, the date of the event, the physical description by height, weight, color of hair, color of eyes and gender, and be on the form approved by the City Clerk. 6. Invalidation, suspension or revocation. If any person who has been issued and holds a temporary employee permit shall be convicted of any felony, the permit shall be void. If any permittee shall violate or contribute to the violation of any of the provisions of this chapter, the permittee shall not be eligible for another temporary employee permit for a period of 2 years. 7. Possession and exhibition. While directly participating in the retail sale, service, delivery or dispensation of alcoholic beverages, any person holding a temporary employee permit under the provisions of this section shall have the permit in his or her possession, and the permit shall be exhibited to the City Clerk or to any officer of the city police department upon demand. Failure of any person to exhibit a temporary employee permit as required by this subsection shall be prima facie evidence that the person does not hold a permit. I. Prohibitions. 1. Employment of persons without permit. It shall be unlawful for any retail licensee to have in his employ to sell or assist in the retail sale, dispensation, service or delivery of alcoholic beverages any person who does not have an employee's permit issued by the City Clerk. 2. False representations. It shall be unlawful for any person to use or possess any false or falsified employee's permit issued, or purporting on its face to have been issued, by the City Clerk for the purpose of using the permit to obtain 6.18